North Carolina - Legislative Acts Creating Precincts / Counties

An Act For the Division of Wilkes and Tyrrell Counties.*

Chapter XXXVI

Laws of North Carolina 1799 - Pages 17-18.

WHEREAS the great extent of the cuonty of Wilkes renders the attendance of many of the inhabitants thereof at courts and other public meetings expensive, inconvenient and oftentimes impracticable; For remedy whereof,

I. Be it enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That all that part of the county of Wilkes, lying west of the extreme height of the Apalachian mountains, shall be, and the same is hereby erected into a separate and distinct county by the name of Ashe.

II. Be it further enacted, That the justices for the county of Ashe aforesaid shall be appointed in the usual manner, and when qualified agreeable to law, shall have. hold, and exercise all the powers and authorities, and be entitled to all the privileges and pre-eminences, and subject to the same penalties that Justices of the Peace within the several counties of this state are subject. to, or have a right to enjoy.

III. Be it further enacted, That the said county of Ashe shall be, and remain part of the district of the supenor court of Morgan, and also part of the district in which Wilkes County is included for electing Representatives to the Congress of the United States, and also part of the same district for choosing an Elector to vote for President and Vice President af the United States. And all elections thereafter to be held in the said county of Ashe, shall be conducted in the same manner, under, the same rules, regulations and restrictions as elections for the like purposes are conducted in the several counties in this state.

IV. Be it further enacted, That Nathan Horton, John Bowers and Jesse Talliaferro be, and they are hereby appointed Commissioners for fixing on a proper and convenient place at or near the center ot said county whereon to erect the public buildings for the said county; the duties of which appointment, they or a majority of them, are requested to execute as soon as possible after the passing of this Act: but until the court house shall be erected, or some convenient place fixt on by the Commissioners aforefaid, the court of pleas and quarter sessions for the said county of Ashe shall be held at the house of Jacob Pluntfenger.

V. Be it further enacted, That the courts of pleas and quarter sessions for the county of Ashe aforesaid shall constantly be held on the second Monday in February, May, August and November, in each and every year; to which time respectively all suits, pleas and prosecutions of what kind or nature soever, shall be returnable or stand adjourned. And the said county of Ashe shall hereafter send three jurors to each superior court for the district of Morgan and the county of Wilkes shall hereeafter send no more than five jurors to the said superior court.

VI. Be it further enacted, That George Koons, Nathan Parten and John Cox, be, and they are hereby appointed Commissioners for the purpose of erecting the public buildings for the said county of Ashe, at such place as may be fixt on for that purpose: and they or a majority of them, after giving bond with approved security to the court of the said county of Ashe, for the faithful performance of the dufties required by them by this Act, shall have full power and authority to sue for, and recover all monies that may, or ought to be collected for the purposes of defraying the expenses of the public buildings aforefaid, and to compel the performance of any contract that may be entered into for the purposes aforefaid: and in order to defray the expenses of the public buildings intended to be made in virtue if this Act.

VII. Be it further enacted, That a tax of one shilling on every poll, and a tax of four pence on every hundred acres of land in the said county of Ashe, shall be levied and collected for the year one thousand eight hundred, by the Sheriff or Collector of public taxes; and the same shall be accounted for to the said Commissioners herein last named, or a majority of.them. under the same, restriction and regulations as Sheriffs are subject to in collection of public taxes. Provided, that nothing herein contained shall be construed to prevent the Sheriff of Wilkes County from collectng all arrearages of taxes or other monies which he ought to collect in the same manner as if this Act had never been passed.

VIII. And be it further enacted, That the Justices of the said county of Ashe shall hold the courts of pleas and quarter sessions for the saad county, at the times before mentioned, and there shall exercise all the powers and authorities usual and customary, and shall appoint all the necessary officers for the same, as required by law, in the same manner as exercised by the Justices of the several counties within this state.

IX. Be it further enacted, That from and after the passing of this Act, the county of Tyrrell shall be divided in the following manner, to wit, beginning at Bull Point, thence running a direct line to the center of the Indian Swamp, where the road crosses; from thence running a direct line to the west end of Lake Phelps, thence running a direct course to Hyde County line

X. Be it further enacted by the authority aforesaid, That Paul Thoroughgood, John A. Patrick, Benjamin Spruill (son of Joseph), Daniel Davenport and James Jones, be appointed Commissioners to run the said dividing line: and all that part of Tyrrell, lying westwardly of said line, shall be erected into a separate and distinct county, known by the name of Washington County.

XI. Be it further enacted by the authority aforesaid, That all Justices of the Peace living within the bounds of the said county of Washington, shall exercise the same authority as they heretofore have done in the county of Tyrrell; and the Justices hereafter to be appointed in the usual manner, and when qualified agreeable to law, shall hold and exercise all the powers, authorities and privileges, and subject to the same penalties the Justices of the Peace in the several counties within this state are subject to, or have a right to enjoy.

XII. Be it further enacted, That the said county of Washington shall be, and remain part of the district of the superior court of Edenton, and also part of the district in which Tyrrell County is entitled for electing Representatives to the Congress of the United States, and also part of the same district for choosing an Elector to
vote for President and Vice President of the Uaited States. And all elections hereafter to be held in the said county of Washington shall be conducted in the same manner, and under the same rules, regulations and restrictions as elections for like purposes are conducted by law in the several counties in this state.

XIII. Be it further enacted, That John Armistead, James Jones and William Blount be, and are hereby appointed Commssioners for fixing on a proper place at or near the center of said county as the nature of said county will admit of, whereon to erect the public buildings for the said county of Washington; the duties of which appointment they or a majority of them are required to execute as soon as possible after the passing of this Act: but until the court house shall be built or erected, the court of pleas and quarter sessions for the said county of Washington, shall be held at the house of Lee's Mill.

XIV. Be it further enacted, That the county courts of pleas aod quarter sessions for the county of Washington shall be constantly held on the fourth Mondays of March, June, September and December, each and every year; to which time and place respectively all suits, pleas and prosecution, whatsoever, shall be returnable or stand adjourned. And the said county of Washington shall hereafter send three jurors to each superior court for the district of Edenton; and the county of Tyrrell shall send no more than three jurors to the superior court aforesaid.

XV. Be it further enacted, That James Jones, John Armistead and William Blount be, and are hereby apppointed Commissioners for the purpose of erecting the public buildings of the said county of Washington, at such place as may be fixed on for that purpose; and they or a majority of them after giving bond with approved security to the court of said county for the faithful performance required by them in this Act, they shall have full power and authority to sue for, and recover all monies that may, or ought to be collected for the purpose of defraying the expense of the public buildings aforesaid, and to compel the performance of any contract that may be entered into for the purpose aforesaid: and in order to defray the expenses of the public buildings intended to be made by virtue of this Act.

XVI. Be it further enacted, That a tax of two shillings on every poll, and a tax of eight pence en every hundred acres of land in the said county of Washington, shall be levied and colleced for the year one thousand eight hundred, by the Sheriff or Collectors of public taxes; and the same shall be accounted for to the said Commissioners or a majority of them, under the same rules and regulations as Sheriffs are subject to by law in collection of public taxes. Provided, That nothing herein contained shall be construed ro prevent the Sheriff of Tyrrell County from collecting arrearages of taxes or other such monies which he ought to collect, in the same manner as if this Act had never been passed.

XVII. Be it further enacted, That the Justices of the said county of Washington shall hold the courts of pleas and quarter sessions for the said county, at the times before mentioned; and therein exercise all the privileges and authorities usual and customary, and shapp appoint al the necessary officers for the same as required by law, in the same manner as exercised by the Justices of the several counties in this state.

XVIII. Be it further enacted by the authority aforesaid, That the Commissioners appointed to run the dividing line shall sell for the best price that can be got at public auction, the public ground and buildings thereon, at the mouth of Scuppernong River; and the monies arising from the sale thereof shall be applied to the use of carrying the public buildings of the counties of Tyrrell and Washington into effect, as the courts of said counties shall direct.

XIX. Be it further enacted, That Paul Thoroughgood, John A. Patrick and Benjamin 8pruill, (son of Joseph) be, and are hereby directed to purchase one acre of land, and to agree and contract with workmen for erecting of the public buildings for the use of the county of Tyrrell, at or near the town of Elizabeth, in the said county, as the Commissioners or a majority of them shall think proper.

XX. Be it further enacted, That a tax of two shillings on every poll, and a tax ot eight pence on every hundred acres of land within the county of Tyrrell, shall be hereby assessed on said property, which sha!l commence from the passing of this Act: and that all persons who shall refuse, or neglect to pay the said tax at the time limited for payment of public taxes, shall be liable to the same penalties and distresses as for non-performance of public taxes; and the Collectors of the said county of Tyrrell are hereby required and directed to account for, and pay the monies by them so collected to the said Commissoners: and in case of failure, the same penalties shall be inflicted and recovered, as by law may be had against Collectors of public taxes in like cases.

XXI. Be it further enacted, That the first court of the county of Tyrrell shall he hald at the present court house of Tyrrell, on the days established by law; and the Justices of the said court shall have full power to adjourn from court to court to such place as they shall think proper, until a court house, prison and stocks be built for the said county of Tyrrell.

XXII. Be it further enacted, That the said county of Tyrrell shall have and enjoy all the privileges of elections, and under the same restrictions as have been heretofore established by law.

XXIII. Be it further enacted, That the Commissioners appointed by this Act for the said counties ef Tyrrell and Washington, shall have a compensation as the said courts shall direct, to be paid out of the taxes which are to be collected by virtue of this Act.

XXIV. Be it further enacted, That nothing herein contained shall be construed so as to debar any officer heretofore appointed, whether civil or military, from exercising and enjoying the same privileges and authorities in the county of Washington, as they usually have done in the county of Tyrrell as it stood undivided. Provided nevertheless, That the said officers shall reside in the said county of Washington at the time of said division taking place.

XXV. Be it further enacted, That all manner of suits, causes and pleas, which are now commenced in the said county courts of Tyrrell, shall continue and may be prosecuted to a final end; any thing to the contrary notwithstanding.

Read three times, and ratified in General Assembly, this 23d day of December, 1799.

BENJAMIN SMITH, Speaker of the Senate.
MUSSENDINE MATTHEWS, Speaker of the House of Commons.

WILLIAM WHITE, Secretary.

* During the same General Assembly, the Legislature passed a Supplementary Act to the above Act: 

A Supplementary Act to an Act Entitled "An Act For the Division of Wilkes and Tyrrell Counties."

Chapter XXXVII

Laws of North Carolina 1799 - Pages 18-19.

I. Be it enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That the Commissioners appointed by the before recited Act, or any two of them, with the surveyor of Tyrrell County, shall have full power to run the dividing line between the counties of Tyrrell and Washington, beginnng at Bull Point, thence to run up the bay to the mouth of Deep Creek, thence up said creek to the Cypress Bridge, thence a direct course to Lake Phelps, wfiere Mall Creek intersects said lake; thence south south west to Hyde County line; provided said line shall not cross the road that leads from John Davenport's to the upper river bridge on Scuppernong River. And the said line when run, shall be returned by the surveyor to the court of the counties of Tyrrell and Washington, and shall be entered by the Clerks thereof on record: which Surveyor and Clerks shall be allowed a competent sum by the said courts of Tyrrell aad Washington, for their services.

II. And be it further enacted, That the Treasurer of public buildings in the county of Tyrrell, and the Commissioners appointed by the above recited Act or a majority of them, shall purchase one acre of land at or near the town of Elizabeth, as a majority of them shall think proper; and the said Treasurer and Commissioners, or a majority of them, shall contract with workmen to build a court house, prison and stocks thereon. And one half of the said acre of public ground shall be laid off and staked as the said Treasurer and Commissioners shall direct; and the said ground when so staked off, shall be kept for the same use, aad under the same rules, regulations and restrictions, as directed by an Act of the last General Assembly for laying off the public ground at the present court house in Tyrrell County.

III. And be it further enacted, That a tax of two shillings on every poll, and a tax of eight pence on every hundred acres of land, and two shillings on every hundred pounds value of town property, in the counties of Tyrrell and Watshington, be levied for the year one thousand eight hnndred, and collected by the Sheriffs of the said counties, at the same time, and under the same rules, regulations and restrictions, andl with the same emoluments, that county contingency taxes are collected; and shall pay and account for the same to the Treasurer of the public buildings of Tyrrell and Washington counties. Provided nevertheless, The courts of Tyrrell and Washington counties shall have full power to suspend the collection of said tax, or any part thereof, if the monies arising from the sale of the public property in said counties are sufficient to carry the public buildings into effect.

IV. And be it further enacted, That the Sheriff of Tyrrell County shall advertise the land known by the name of the glebe land, in the State Gazette, at the court houw and three other of the most public places in the said counties of Tyrrell and Washington, at least forty days before the next April court of pleas and quarter sessions to be held at the present court house of the said county ef Tyrrell; and he shall on the second day of the said term set up the above-mentioned land, and sell the same to the highest bidder, observing that the said sale be held open and free for any person to bid, from twelve o'clock to four in the afternoon, and then shall be closed in favor of the highest bidder, who shall give bond, with approved security, to the Chairman af the court, payable twelve months after date. It shall then be the duty of the said Sheriff to execute a deed to the purchaser of the said land; and in case of failure of payment of the time limited by said bond, the said Sheriff shall enter up judgment on said bond in the court of Tyrrell County, and further proceed as by law directed in like cases.

V. And be it further enacted, That the said court shall make an allowance to the Sheriff for his services, which he may reserve in his own hands, put of the money which he collects from the sale of the said lands.

VI. And be it further enacted, That after the new public buildings are erected, the Sheriff of Tyrrell shall sell the public ground and buildings where the present corrt house of Tyrrell now stands, in the same manner, and under the same rules, regulations and restrictions, as are prescribed for the sale of the before-mentioned glebe lands; but until the new public buildings in Tyrrell County are fit for the reception of the court, they shall continue to hold the court of pleas and quarter sessions at the present court house in said county; any thing to the contrary notwithstanding.

VII. And be it further enacted, That all the money that shall be collected by virtue ef this Act by the Sheriff or other officer, for the sale of the above-mentioned lands and buildings, shall be equally divided and paid by the Sheriffs, to the Treasurers of public buildings in the said counties of Tyrrell and Washington; who shall apply the same towards defraying the expense of the public buildings in their respective counties; and they are hereby required to enter up judgment against such Sheriff upon his failing to account and finally settle in due time, in the court of said county where the said Treafurer shall refide. Provided nevertheless, That such judgments shall not be entered up against the Sheriff, until he shall have time to recover the same by law, if not otherwise paid.

VIII. And be it further enacted, That all perfons entitled to do militia duty, that now reside, or hereafter may reside within the present bounds of Captain Phelp's company, on the head of Scuppernong River, shall continue to do their duty in the same company, and under the same rules, regulations and restrictions as they have heretofore done notwithstanding they may reside in the county of Washington.

IX. And be it further enacted, That the election in Washington County shall be opened and held at Lee's Mills, on the same days in every year, and under the same rules, regulations and restrictions at heretofore established by law, and shall continue until the court house be built.

X. And be it further enacted, That all Acts and clauses of Acts that come within the purview and meaning of this Act, are hereby repealed and made void.

Read three times, and ratified in General Assembly, this 23d day of December, 1799.

BENJAMIN SMITH, Speaker of the Senate.
MUSSENDINE MATTHEWS, Speaker of the House of Commons.

WILLIAM WHITE, Secretary.



© 2019 - J.D. Lewis - PO Box 1188 - Little River, SC 29566 - All Rights Reserved